Appendix 7 to the General Terms of Services
Annex to the Enterprise Solution General Terms and Conditions
1. Anti-spam policy
A) Brevo has a Zero Tolerance Policy Towards Spam
At Brevo, We believe that any email/SMS or other solicitation must be legitimate and expected by their recipients. We are actively promoting this belief and are part of different associations spreading the same views, such as the Certified Sender Alliance (CSA) or Signal Spam.
That’s why We expect our customers to follow a few basic but mandatory rules when using our product and Services. In this regard, You must be sure to read and accept those rules before creating an account and starting using one of our Services. In any case, the following rules apply as soon as You create an account and/or start using our product and Services and shall be binding during our entire business relationship. They form an integral part of the Terms of Services and apply to all Brevo Users.
Since a part of our Services are shared between many of our Users, such as IPs/domains for email sending, or phone numbers for SMS sending, we must ensure that nobody’s behaviour or use of the Service is negatively impacting other Users. To avoid incidents on our shared infrastructure and provide a quality of Services up to our standards for all Users (whether using dedicated IP or not), We have to impose some restrictions on the usage of our Software.
As a consequence, non-compliance with our current Acceptable Use Policy may result in the immediate suspension or restriction of your entire account or of certain Services from your account, to prevent any damage to our reputation or to the global efficiency of our Services, in accordance with the suspension process described in our General Terms of Services.
B) Bought & scraped lists
Lists of Contacts that have been scraped on the internet, acquired or purchased from a third-party, are likely to damage the reputation of Brevo as well as your deliverability. Therefore, the use of such lists of Contacts is strictly prohibited on our Software, whether You send transactional or marketing electronic communications (emails, SMS, WhatsApp messages…).
C) Consent of the recipients
As described in the introduction, at Brevo, We believe that emails/SMS have to be expected by the recipients. That is why the following rules must apply. These rules are not exhaustive and We may suspend your Account for any behaviors that are likely to impact the efficiency of the Service:
- You must have the consent of your Contacts, and it must be active: the Contact has to check a checkbox to subscribe to your newsletter AND the registration checkbox CAN’T be pre-checked, and explicit: the Contact knows which kind of messages they will receive and for what purpose;
- Partner opt-in and co-registration must appear on the opt-in form: the name of all of the partners must be displayed (and easily available) and limited to 10;
- You must be able at any time to provide a proof of opt-in for each of your Contacts;
- All of your marketing/bulk emails (meaning every email but the emails that are sent or triggered directly by an action of the user) must include an easily available “unsubscribe” link;
All of your marketing/bulk SMS must include a process complying with the applicable law that allows the recipients to easily stop the sending of such communication.